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Bill C-17

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42-43 ELIZABETH II

CHAPTER 18

An Act to amend certain statutes to implement certain provisions of the budget tabled in Parliament on February 22, 1994

[Assented to 15th June, 1994]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Budget Implementation Act, 1994.

PART I

COMPENSATION

1991, c. 30

Public Sector Compensation Act

2. The definition ``employee'' in subsection 2(1) of the Public Sector Compensation Act is replaced by the following:

``employee''
« salarié »

``employee'' means any person who performs duties and functions that entitle that person to a fixed or ascertainable amount or rate of pay, but does not include any person to whom the Locally-Engaged Staff Employment Regulations apply or any person who is engaged locally outside Canada and whose position is wholly or partly excluded from the operation of the Public Service Employment Act under section 41 of that Act;

1993, c. 13, s. 4(1)

3. (1) Subsection 5(1) of the Act is replaced by the following:

Extension of compensation plans

5. (1) Subject to section 11, every compensation plan for employees to whom this Act applies that was in effect on February 26, 1991, including every compensation plan extended under section 6, shall be extended for a period of seventy-two months beginning on the day immediately following the day on which the compensation plan would, but for this section, expire.

No increase in compensation

(1.1) Notwithstanding any provision of this Act other than subsection (1.2) or a provision of any compensation plan, no employee shall be entitled to the incremental increases, including those based on the attainment of further qualifications or the acquisition of skills, merit or performance increases, in-range increases, performance bonuses or other similar forms of compensation that would, but for this subsection, form part of their compensation plan, during the period of twenty-four months beginning on the day on which this subsection comes into force.

Period not included as experience

(1.2) The period referred to in subsection (1.1) shall not be counted for the purposes of calculating any increase in any form of compensation referred to in that subsection that is based on years of experience.

1993, c. 13, s. 4(2)

(2) Subsection 5(3) of the Act is replaced by the following:

Particular case

(3) Each of the compensation plans for the persons mentioned in subsection 3(3.1) that was in effect on December 10, 1992 shall be extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire.

1993, c. 13, s. 5

4. Subsection 7(2.1) of the Act is replaced by the following:

Extension where conversion or reclassificatio n of a plan

(2.1) Where, before December 10, 1992, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall be

    (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; and

    (b) deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day.

Idem

(2.2) Where, on or after December 10, 1992 but before the coming into force of this subsection, the Treasury Board has, pursuant to subsection (2), changed any of the terms and conditions of a compensation plan to implement a new or revised classification standard, the new or revised compensation plan that is in effect as a result of that implementation shall be

    (a) extended for a period of twenty-four months beginning on the day immediately following the day on which the compensation plan would, but for this subsection, expire; and

    (b) deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the twenty-four month period immediately following that day.

5. The Act is amended by adding the following after section 7:

Civilian Reduction Program

7.1 Notwithstanding this Act or any other Act of Parliament except the Canadian Human Rights Act, the Treasury Board may

    (a) fix the terms and conditions of the Civilian Reduction Program arising from the February 22, 1994 budget; and

    (b) offer or give, to or on behalf of indeterminate employees of the Department of National Defence, Emergency Preparedness Canada and the Communications Security Establishment who are subject to that Program, payments under the Program.

1993, c. 13, s. 7

6. Subsections 9(3) and (4) of the Act are replaced by the following:

No increase in wage rates

(3) The wage rates in effect under subsection (2) shall not be increased for the forty-eight month period immediately following the period referred to in that subsection.

Idem

(4) Notwithstanding any other Act of Parliament, each of the compensation plans for the persons mentioned in subsection 3(3.1) shall be deemed to include a provision to the effect that the wage rates in effect under the plan on the day on which the plan would, but for subsection 5(3), expire shall not be increased for the forty-eight month period immediately following that day.

1993, c. 13, s. 8(2)

7. Subsection 11(3) of the Act is replaced by the following:

Extension

(3) Every new compensation plan in respect of which this section applies, and every new collective agreement and arbitral award that includes such a plan, shall be

    (a) extended for a period of forty-eight months beginning on the day immediately following the day on which the compensation plan, collective agreement or arbitral award would, but for this subsection, expire; and

    (b) deemed to include provisions to the effect that

      (i) the wage rates in effect under the plan on the day on which the plan would, but for this subsection, expire shall not be increased for the forty-eight month period immediately following that day, and

      (ii) the terms and conditions of the plan, collective agreement or arbitral award, other than wage rates, in effect on the day on which the plan, collective agreement or arbitral award would, but for this subsection, expire, shall continue in force without change for the forty-eight month period immediately following that day.

R.S., c. G-9

Governor General's Act

1993, c. 13, s. 9

8. Subsections 4.1(4) and (5) of the Governor General's Act are replaced by the following:

Salary for 1993, 1994, 1995 and 1996

(4) Notwithstanding subsection (1), for each of the twelve month periods beginning on January 1, 1993, January 1, 1994, January 1, 1995 and January 1, 1996, the salary of the Governor General is the same as the salary payable to the Governor General for the twelve month period beginning on January 1, 1992.

Salary for 1997

(5) For the purposes of calculating a salary under subsection (1) for the twelve month period beginning on January 1, 1997, the salary payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the salary payable under subsection (4).

R.S., c. J-1

Judges Act

1993, c. 13, s. 10

9. Subsections 25(4) and (5) of the Judges Act

Override for 1993, 1994, 1995 and 1996

(4) Notwithstanding subsection (1), the salary annexed to an office of judge for each of the twelve month periods commencing April 1, 1993, April 1, 1994, April 1, 1995 and April 1, 1996 shall be the salary annexed to that office for the twelve month period commencing April 1, 1992.

Calculation of salary after April 1, 1997

(5) For the purposes of determining the salary annexed to an office of judge under subsection (1) for the twelve month period commencing April 1, 1997, the salary annexed to that office for the twelve month period immediately preceding that twelve month period shall be deemed to be the salary determined under subsection (4).

R.S., c. P-1

Parliament of Canada Act

1993, c. 13, s. 11(1)

10. (1) Paragraph 55(9)(b) of the Parliament of Canada Act is replaced by the following:

    (b) for the twelve month periods commencing January 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996 and January 1, 1997, a sessional allowance at the same rate per annum as the sessional allowance payable to each such member for the twelve month period commencing January 1, 1992 under paragraph (a).

1993, c. 13, s. 11(2)

(2) Subsection 55(10) of the Act is replaced by the following:

Calculation of allowance after January 1, 1998

(10) For the purposes of calculating a sessional allowance under subsection (3) for the twelve month period commencing January 1, 1998, the sessional allowance payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the sessional allowance payable under paragraph (9)(b).

R.S., c. S-3

Salaries Act

1993, c. 13, s. 12

11. Subsections 3(5) and (6) of the Salaries Act

Salary for 1993, 1994, 1995 and 1996

(5) Notwithstanding subsection (2), for each of the 1993, 1994, 1995 and 1996 calendar years, the salary of the lieutenant governor of each province shall be the same as the salary annexed to that office for the 1992 calendar year.

Base for 1997 calculation

(6) For the purposes of calculating a salary under subsection (2) for the 1997 calendar year, the salary annexed to the office of lieutenant governor for the 1996 calendar year shall be deemed to be the salary payable under subsection (5).

PART II

FISCAL ARRANGEMENTS

R.S., c. C-1

Canada Assistance Plan

12. Section 5.1 of the Canada Assistance Plan is renumbered as subsection 5.1(1) and is amended by adding the following:

Idem

(2) Notwithstanding sections 5 and 8 and any agreement, the contributions to each province in respect of a year ending after March 31, 1995 shall not exceed the contributions to that province in respect of the year ending on March 31, 1995.

R.S., c. P-37

Public Utilities Income Tax Transfer Act

1991, c. 51, s. 5

13. The portion of subsection 3.1(3) of the Public Utilities Income Tax Transfer Act before paragraph (a) is replaced by the following:

Application

(3) Subsection (2) applies to a taxation year of a designated corporation that ends after January 1, 1990 if

1993, c. 13, s. 13

14. Section 3.2 of the Act is replaced by the following:

Further reductions in payments

3.2 Notwithstanding sections 3 and 3.1, the amount that may be paid to a province under those sections in respect of a taxation year of a designated corporation that ends after January 1, 1993 shall be reduced by an amount equal to ten per cent of the amount that, but for this section, may be paid under those sections.

PART III

TRANSPORTATION SUBSIDIES

R.S., c. A-15

Atlantic Region Freight Assistance Act

1993, c. 13, s. 14

15. Subsections 4(1) and (1.1) of the Atlantic Region Freight Assistance Act are replaced by the following:

Reduced rate for compensation

4. (1) The rate of twenty per cent mentioned in the Maritime Freight Rates Act in respect of the reduction in tariffs for the preferred movements of traffic described in paragraph 4(1)(b) or (d) of that Act shall be deemed to be twenty-eight and one-half per cent for those preferred movements of traffic, and payments out of the Consolidated Revenue Fund to railway companies by way of compensation for maintaining the reduced rate in respect of those preferred movements of traffic shall be made on the basis of the deemed twenty-eight and one-half per cent rate.